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RIDA 243 | 01-2015

Doctrine

Conséquences of the constitutional and european nature of authors' rights: a look back at a few recent decisions

GALOPIN, Benoit

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While the national legislature’s action in the field of literary and artistic property is restricted above all by the need to comply with European Union norms, it must also be consistent with the texts protecting fundamental rights. As authors’ rights have been enshrined at this level as property rights, the legislature is subject to oversight by the French Constitutional Council and the European Court of Human Rights. Several decisions rendered recently by these two bodies in this hitherto relatively unmined territory provide an opportunity to make an initial assessment of the extent of the oversight exercised by them and its impact on the legislative regime governing authors’ rights.